Suit for redemption of mortgage

2022 SCMR 1893 SUPREME-COURT Judicial Precedent

Ss. 3, 17 & Chapt. IIRedemption of mortgageBar on jurisdiction of Civil CourtScope

Punjab Redemption and Restitution of Mortgaged Lands Act, 1964 has not barred the jurisdiction of Civil Courts to adjudicate on matters pertaining to redemption of mortgages insofar as Chapter II of the said Act is concerned.

2016 YLR 1359 PESHAWAR-HIGH-COURT Judicial Precedent

S. 60Suit for redemption of mortgageRight of mortgagor to redeemOwnership of mortgaged propertyBurden of proofTransfer of ownership only by some of legal heirsPermissibility

Plaintiffs filed suit for redemption of mortgaged property, which was dismissed by Trial Court, and appellate court accepting appeal set aside judgment and decree of Trial Court

Validity

Burden of proving that whether predecessor-in-interest of plaintiffs was owner of mortgaged property was upon plaintiffs

Vendors had no authority to transfer entire property in favour of predecessor of plaintiffs, as there were other legal heirs of deceased

Vendor could not transfer better and larger title regarding suit property to vendee except that he himself had owned

Sale-deed executed and attested on behalf of some of legal heirs in favour of predecessor of plaintiffs could be termed as valid only to extent of their shares and not more than that

Transfer of entire property by only some of legal heirs to the exclusion of others was not permissible under law

Co-sharers could not alienate or retain possession under garb of Hissadari beyond his share in joint holding and could not transfer bigger share in any eventuality without consent of others

Trial Court had properly evaluated evidence available on record and arrived at correct conclusion while dismissing suit

Impugned judgment and decree of appellate court was set aside and that of Trial Court was restored whereby suit had been dismissed

Revision petition was accepted in circumstances.

2016 CLC 928 PESHAWAR-HIGH-COURT Judicial Precedent

S. 20(2) & Art. 148Transfer of Property Act (IV of 1882), S.60Suit for redemption of mortgageLimitationPrescriptionReceiving usufruct from the mortgage propertyEffectSuit for redemption of mortgage was dismissed on the ground of limitationValidity

Right of plaintiffs-mortgagors to redeem suit property after expiry of 60 years would not extinguish unless court of law had passed decree in favour of defendants-mortgagees

Suit for redemption of mortgage could be decreed after expiry of prescribed period of limitation as provided in Art. 148 of Limitation Act, 1908

Receipt of usufruct would give a fresh period of limitation to the mortgagor

Suit filed by the plaintiffs-mortgagors was within time

Impugned judgments and decrees passed by both the courts below were set aside

Suit filed by the plaintiffs was decreed preliminary

Plaintiffs should deposit mortgage money within specified period in the Trial Court

Revision was allowed accordingly.